OpenLegislation

Regulation 32 Enforcement

England and Wales

(1)

At a F1border control post these Regulations are enforced—

(a)

in relation to animals by the Welsh Ministers; and

(b)

in relation to products by the local authority.

(2)

Outside a border F2control post, in relation to animals (other than in relation to aquatic animals) they are enforced by the local authority.

F3(2A)

Outside a border control post, official controls in relation to aquatic animals are enforced by the Welsh Ministers.

(3)

Outside a border control post, in relation to products they are enforced by—

(a)

the local authority; or

(b)

by the Food Standards Agency at any cutting plant, game-handling establishment or slaughterhouse, or premises at which the Agency enforces the Food Hygiene (Wales) Regulations 2006 M1.

(4)

In addition, in relation to products they are enforced by a general customs official in any place (other than the inspection facilities in a border control post) where goods are subject to customs supervision by that official under F4the Taxation (Cross-border Trade) Act 2018.

(5)

The Welsh Ministers may direct, in relation to cases of a particular description or a particular case, that the Welsh Ministers may discharge any duty imposed on a local authority under this regulation.

F5(6)

Where a customs officer exercising a statutory function at any place under customs supervision discovers any animal or product suspected of being non-compliant, that officer must detain it and notify such detention to an authorised officer of the relevant enforcement authority.

Annotations

Textual amendments

F1

Words in reg. 32 substituted (10.2.2025) by The Official Controls (Amendment) Regulations 2025 (S.I. 2025/102), regs. 1(1)(b), 39(10)

F2

Words in reg. 32(2) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(24)(a)

F3

Reg. 32(2A) inserted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(24)(b)

F4

Words in reg. 32(4) substituted (31.12.2020) by The Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1612), regs. 1(3), 23

F5

Reg. 32(6) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 23(24)(d)

Marginal citations

M1

S.I. 2006/31 (W.5).